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THE TERMINATION OF LEGAL SUBJECTIVITY

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Grey Stopforth

on 26 June 2016

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Transcript of THE TERMINATION OF LEGAL SUBJECTIVITY

Robinson 27
su 2.5 (ROBINSON 32)
Robinson 28
TERMINATION OF PREGNANCY
ALTERATION OF SEX DESCRIPTION
DEATH OF A LEGAL SUBJECT
Status is not affected by your gender. The 2003 Act prescribes that any person whose sexual characteristics have been altered...
R10.25
Tuesday, February 29, 2016
Vol XCIII, No. 311
STERILISATION
BIRTH CONTROL
S v Williams
Somatic death as the end of legal subjectivity
STERILISATION ACT:

(Page 26 - 27 Robinson)

Permanently render incapable of fertilisation or reproduction.

Section 2 -
Capable to give consent.
18 years or older.

Persons under the age of 18 years?

What about persons not capable or competent to give consent?

1. Charge of murder.
2. Intention of stealing.
3. Shot deceased in the neck.
4. Deceased still breathing at the time, however showed no signs of brain activity 2 days later. The ventilator was disconnected 2 days later. 10 Min later - No heart activity.

What was the
novus actus interveniens?
THE TERMINATION OF LEGAL SUBJECTIVITY
Choice of Termination of Pregnancy Act:

First 12 weeks

Request of woman.

Week 13-20
Consultation with medical practitioner -
?
?
?
Week 21>
Consultation with medical practitioner with another medical practitioner, registered midwife or registered nurse -
?
?
?

What about minors?
The Births, Marriages and Death Registration Act 1963 (YES)
Births and Deaths Registration Act 1992 (NO)
Alteration of Sex Description and Sex Status Act 2003 (YES)
Form of death which terminates legal
subjectivity is somatic death.

Other cells can continue to "function",
but will gradually undergo irreversible
changes until molecular death sets in.

Why somatic death?

su 2.5 (ROBINSON 33)
Who died first? The problem with commorientes.
Commorientes refer to people who die more or less simultaneously in the same disaster.

Presumptions were used to determine who died first.


- Seniority. (Did not reflect reality)
- Currently this is a rebuttable presumption.
- Persons die simultaneously unless it can be proven otherwise (balance of probabilities.)


Robinson 33-34
PROOF AND CONSEQUENCES OF DEATH
Prove death in 2 ways:
- Death certificate. Identity of deceased. This serves as
prima facie
evidence.

- Direct evidence.
Saw the person dead. If doctor cannot issue a death certificate...approach High Court.

What consequences will follow?
Robinson 34
MISSING PERSONS
What happens if you do not have any evidence that someone is dead?

What can be done?

1. High Court must declare a person dead.
2. Court will appoint a curator bonis to protect the patrimonial interests.

Two different forms -
- Common law.
- Statutory provisions.
Robinson 40
Anatomical donations
Human Tissue Act:
Who gives consent.

Purpose.

When and by whom can the organ be removed and used.

To what extent the identity of the donor must be kept secret.


Sexual characteristics altered by surgical/medical treatment or;
natural development resulting in gender re-assignment or;
person who is intersexed may NOW

Apply to Director-General of the National Department of Home Affairs for the alteration of their sex description.


NB note: Invasive surgery is not necessary for alteration of sex description.
Know the consequences!
Know the consequences!
Consent by donor - Requirements

No consent - Spouse, major shild, parent or guardian, major brother or major sister may grant such consent.

District sergeon may also grant consent - When?

Further provisions - Organs may only be used for a specific purpose regulated by the act.

1. Therapy
2. Research

Identity must be kept priviledged UNLESS the deceased gave his/her consent.
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